Question Presented. Under What Circumstances May Individuals

“The idea that a corporation is a legal person with constitutional rights is, of course, a controversial one. Some commentators argue that it's bad policy. In my view, however, it is a well-settled principle of US constitutional law and justifiably so. The legislative history of the Fourteenth Amendment suggests that Congress substituted the word ''person'' for the word ''citizen'' precisely so that the provisions so affected would protect not just natural persons but also legal persons, such as corporations, from oppressive legislation.”

The concept of mandatory pro bono and whether or not lawyers should be required to participate in this public service has been the contentious subject of debate over recent years. Focusing on Mirko Bagaric and Penny Dimopoulos’ statement: “In our view not only do lawyers not have a duty to act for free, but they are misguided in doing so and should, for the long term benefit of the community, cease engaging in pro bono work,” this essay will critically analyse the implications of introducing mandatory pro bono into the legal profession by examining both the positive and negative aspects through the issues of altruism, tradition, government funding and the onus on small firms.

It seems understandable that a business should exist as a separate legal personality as it would be impossible for an individual’s motives and goals to be perfectly in line with that of the company as is demonstrated above in Salomon. Following this theory the idea that the rights and duties of a company are not that of its members and shareholders as demonstrated in the case of Lee v Lee Air Farming .

Question 4- Identify sources and types of information and advice available in relation to employment responsibilities and rights. (1.1.4)

D: General: Other part-time work, confidentiality clauses, using company equipment for private use (eg phones, computers, vehicles) general codes of behaviour and adherence to certain corporate practices, health & safety regulations.

The other fundamental issue that Charles raises is the treatment that the employees get from both the law and the proprietors/accounts. He says that employees in most instances are treated as property that belongs to the owner of the business and recorded as costs (salary/allowances) and not as assets. This effectively means that they are treated as things that are supposed to be minimized just like any other costs. This is a trend that needs to be changed and the employees need to be treated as cherished community together with the proprietors and the stakeholders. It should be a community that has members who are proud to be members of that particular community, allowed to express their views on issue related to them and the organization and generally have a free environment to

In R v. Redfern & Dunlop Ltd. (Aircraft Division) , the Court held that where the employees who were not in the decision making level could not be identifiable with the company and therefore were not deemed to be the controlling mind of the company. The question that comes up is that if a person at a lower level commits a crime in the name of the company, the company cannot be held liable for the same. This may pose to be a problem in the sense that the company may make a division between the senior management and the employees to avoid criminal proceedings against them

which is work that involves providing a service to individual clients. The clients in Grey's

The ideas that corporations are viewed as people in the eyes of the law seems like a farfetched idea. However, with closer examination one cannot help but wonder if this is truly becoming the case. Since the 1950’s the rights of corporations have been expanding through multiple court cases that have charted the way for more recent cases like Citizens United v. FEC and Burwell v. Hobby Lobby Stores . To better understand the notion that corporations are sometimes viewed as people it is important to understand the definition of a corporation. In the dictionary, a corporation is defined as a number of persons united in one body for a purpose . Even though it is hard for many to view a corporation as a “person”, it is undeniable that corporations

According to hr.sao.texas.org, he responsibilities of a Texas work advisor include interviewing clients, explaining program benefits and requirements to said clients. Advisors must then determine

Though the legal assistants have a desire to help their ability to do so is caught up in the bureaucracy of a lengthy intake process and by fear of overstepping their limited authority to actually assist the customer. Julie, the director and only full-time employee at the center is the main source of this. This case study examples her lack of management skills and lack of direction which does a great injustice to not only the customer but the volunteers.

The Court held an employer could not be compelled by the Act to do so if other channels of communication are available that allows the union to reach the employees, provided that the employer does not discriminate against the union by allowing other distributions. The Supreme Court stated that so long as the circumstances of the employment do not "place the employees beyond the reach of reasonable union efforts to communicate with them," respect for the employer 's property rights allow it to prohibit nonemployee access to its property. In doing so, the Court specifically differentiated the access rights of employees from those of nonemployees. The distinction [between employees and nonemployees] is one of substance. No restriction may be placed on the employees ' right to discuss self-organization among themselves unless the employer can demonstrate that a restriction is necessary to maintain production or discipline. Republic Aviation Corp. v. Labor Board, 324 U.S. 793, 803. But no such obligation is owed nonemployee organizers.” Ted Scott and Sara B. Kalis, Littler Mendelson, P.C.1.

The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally workers have less rights

Providers can be anything they want, as long as they provide for the community. Somebody classified in the Provider group could be a seamstress, carpenter, or farmers.

In large public companies, management and ownership are separate. By contrast, in workers’ co-operatives employees will have contributed towards the capital of the organisation and may elect managers at annual meetings.